2.2 Constitution Lecture Outline ( and downloads)
CREATING THE AMERICAN GOVERNMENT
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ORIGINS OF AMERICAN GOVERNMENT
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England's legal legacy
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Magna Carta (1215)
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English Common Law
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English Bill of Rights (1688)
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Colonial legal legacy
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Mayflower Compact
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House of Burgesses
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Maryland Act of Toleration
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Fundamental Order of Connecticut-first written constitution
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English Rule: Trade and Tax
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Mercantilism
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Navigation Acts
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French and Indian War: Tax actions to fund the war and control colonists
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Proclamation Act 1763
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Sugar Act 1764
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Quartering Act
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Colonial attempts at building a national government
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Albany Plan of Union
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Committees of Correspondence
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First and Second Continental Congress
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Common Sense- Thomas Paine
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Declaration of Independence
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Articles of Confederation
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Weaknesses
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Unicameral legislature
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No Chief Executive, No Judiciary
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Required unanimous vote to amend
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No power to tax
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No power over currency
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No power to directly recruit an army
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No power over commerce
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No power over foreign commerce
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No respect abroad
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The Constitutional Convention (1787)
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Road to the Convention (influences)
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Revolutionary War (Self Rule)
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Declaration of Independence (Life, Liberty, and Property)
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Locke’s Social Contract
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Shay’s Rebellion (Federalism)
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55 delegates assemble in Philadelphia (No RI)
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“Well Read, Well Bred, Well Wed”
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Objective: Form a strong CENTRAL government
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Motives
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Economic Power- Charles Beard
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Maintain the prevailing social order- Jackson Turner Main
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General agreements
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Moderate Republicanism advocated for form
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Limits on government power
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The Historic Compromises
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Connecticut (Great) Compromise:
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Virginia Plan- large states -New Jersey Plan-small states
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Three-Fifths Compromise: Blacks are 3/5ths of a person
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Regional
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South
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No ban on Slave trade for 20 years
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No Tax on export
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Senate Ratifies Treaties
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North
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Federal government controls commerce
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PRINCIPLES OF AMERICAN GOVERNMENT
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Division of Power: Separates power structure yet forces government to work together
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Separation of Powers- Executive, Legislative, Judicial
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Checks and Balances
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Federalism- State and National, State to State
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ARTICLES OF THE CONSTITUTION
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ARTICLE I: Legislative Branch- Creates Law
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Represents the People
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Article 1 Section 8: Enumerated Powers
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Necessary and Proper Clause (Elastic Clause)
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Implied Powers
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ARTICLEII: Executive Branch-Enforces Law
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Represents the Majority
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Broad Powers
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Specific Tasks
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ARTICLE III: Judicial Branch-Interprets Law
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Represents the Constitution
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Supreme Court and its jurisdiction
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ARTICLE IV: Federalism
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Full Faith and Credit
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Privileges and Immunities
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ARTICLE V: Amendments
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ARTICLE VI: National Supremacy Clause
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ARTICLE VII: Ratification Process
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RATIFICATION OF THE CONSTITUTION
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State ratifying conventions
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Federalists
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In Favor of the Ratification
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Northern Businessmen
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Federalist Papers
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Jay, Hamilton, Madison
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Federalist 51: Separation of Powers
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Federalist 10: Factions Political Parties
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Federalist 78: Judicial Review
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Anti-Federalists
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Opposed to Ratification
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Southern and Western Farmers
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States Rights Advocates
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Anti-Federalist Papers
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Bill of Rights- Personal Liberties
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AMENDMENT PROCESS
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Formal Amending Process
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Proposals
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2/3rds vote in both houses of Congress
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2/3rds of state’s legislatures
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Ratifications
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Approved by 3/4ths of state’s legislatures
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Approved by 3/4ths of state ratifying conventions
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Informal Amending Process
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Judicial Interpretation: The Supreme Court interprets the Constitution to “flow” with the changing times.
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Brown v. Board of Education: Ban on public segregation
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Griswold v. Connecticut: Creates Right of Privacy
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Social, Cultural, and Legal changes: New Deal Era
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Environmental Change
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Constitution could not support needs of the nation
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Supreme Court rejects New Deal Legislation
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FDR’s Court Packing (1937)
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Coming of the Second Republic
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New Power for the President (Balance of Power)
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New Power for the National Government (Federalism)
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Download Sabato_Outline-2._Constitution.pdf
Constitution Powerpoint Download Sabato_ch02.ppt